State v. Cornell

WHICHARD, Judge.

Defendant first contends the trial court erred “in denying [his] motion to dismiss for failure to provide a speedy trial.” A defendant in a criminal case has the burden of proof in supporting a motion to dismiss for failure to comply with the time limits for commencement of trial imposed by G.S. 15A-701. G.S. 15A-703 (1978). The State, however, has “the burden of going forward with evidence in connection with excluding periods from computation of time” in determining whether the applicable time limitations have been complied with. Id.

The defendant here presented, at the…